STATE OF RAJASTHAN Vs. SAKUDI

JUDGEMENT

(1.) THIS is a revision petition under Sections 497 and 401, Code of Criminal Procedure, 1973 against the order of the learned Sessions Judge, Balotra dated December 5, 1987 by which he discharged the accused -respondent Sakudi on the ground that there exists no material on record for framing charge against her under Section 302, IPC.

(2.) IT has been contended by the learned Public Prosecutor that at the instance of the accused -respondent Sakudi. a Lathi was recovered by which the deceased Baliya was injured and the prosecution Witness Mal Singh saw the accused Sakudi running towards the deceased Balia.

(3.) FROM the said recovery of a Lathi and statement of Mal Singh, it cannot be said that there exists sufficient ground of framing charge under Section 302, IPC against the accused Sakudi as required under Section 427, Cr.P.C. 1973. The learned Sessions Judge has rightly held that there exists no sufficient material against the accused Sakudi warranting framing of charge under Section 302, IPC against him. As such there is no good ground for interference in the order under revision.